Frankovich filed the latest in a series of lawsuits Feb. 22 in Northern California District Court on behalf of his client Jeanette Brown, who is in a wheelchair, and names Code Enforcement officer John Sherman and former Willits City Manager Adrienne Moore as defendants.

Sherman and Moore are named in the lawsuit both in their individual capacities and as employees of the city. In addition to three complaints for injunctive relief stemming from the alleged civil rights violations regarding lack of accessibility at city buildings, the lawsuit also includes a fourth cause of action for the city’s alleged retaliation against Brown after she asserted her civil rights.

In response to claims filed in July 24 by Frankovich against the city and the police department alleging Brown encountered “no handicap stalls; non-compliance signage, and a lack of an accessible entrance” the city had 45 days to respond, according to the California Tort Acts.

In these types of cases, although not required under federal law allegations, if a city does not respond by the 45th day, it is treated as having rejected the complaint.

City Attorney Jim Lance said the city council rejected the claims following a meeting on Aug. 30. 2017 and directed the city clerk to send out a letter informing Frankovich within the period legally allowed. He said he could not comment on the new lawsuit because he had not seen it yet.

According to the current lawsuit, the city failed to provide integrated settings appropriate to Brown and other disabled persons to fully participate in city services, programs, activities and opportunities including but not limited to: ability to utilize the police station to file police reports and obtain information and the ability to secure information and documents available at Willits City Hall because the city did not have 2010 ADA standards compliant parking, entrances, meeting rooms, service counters, men’s and women’s restrooms, or accessible routes from the public sidewalks to accessible entrances, in violation of both federal and state legal requirements.

Police station

The lawsuit names the Willits Police station, detailing an incident which occurred on or about May 17, 2017 in which Brown encountered architectural barriers at the station including insufficient complaint signage and parking at the City Hall’s and station parking lots, no accessible path of travel to the entrance of the station, either from the public sidewalks or from the parking lot, and a service counter which was too high, resulting in Brown having difficulty making a police report about harassing phone calls.

In a letter dated June 26, 2017 addressed to Police Chief Scott Warnock, Brown complained of automatic door openers not functioning properly, and about cars parked in handicap parking stalls, cars parked in front of curb cuts that are for wheelchairs to access the sidewalk and even parking in spaces without a disabled placard.

Public accommodations

Specific architectural barriers encountered by Brown and included in the complaint including a lack of directional signage to show accessible routes of travel, i.e. entrances to city hall, the police station, and the firehouse, lack of the requisite type and number of disabled parking stalls, and lack of handicapped accessible women’s and men’s public restrooms, among other violations.

Transition plan

According to a copy of the complaint, the city failed to adopt a transition plan to ensure that all persons with disabilities may fully participate in its programs, activities and services.

In addition to failing to ensure that programs, activities and services were provided in accessible buildings, parks and recreational areas, the legal documents allege there is/was no grievance procedure for citizens to complain of architectural barriers or failures to provide service and opportunities at alternative sites.

The court documents detail an incident last summer in which Brown requested a copy of the transition plan during a visit to City Hall and was told no such plan existed. According to Brown, she heard an employee announce her presence over the public address system. Shortly thereafter, the complaint alleges, Sherman and Moore approached and confronted Brown and escorted her into a nearby conference room where they proceeded to interrogate her for approximately one hour.

Although Sherman and Moore told Brown there was no transition plan at the time, they added that work to make the parking lot accessible was being done and the entrance to the police station was fixed.

Retaliation

Also discussed were the effects of Brown’s activism and her filing ADA lawsuits. Moore and Sherman reportedly told Brown that the lawsuits she was bringing were “adversely affecting the business community” and that businesses were closing as a result of the suits and the remaining businesses were now fearful of being sued.

The complaint alleges Sherman also told Brown that he had been in a wheelchair and had never experienced any problems throughout the city of Willits and therefore he could not understand Brown’s complaints regarding architectural barriers.

Frankovich wrote in the complaint as a result of Sherman and Moore taking Brown into a closed-door conference room to interrogate her and to make statements designed to dissuade her from her civil rights activities, including the filing of lawsuits, they committed acts of retaliation against her, explicitly violating federal laws.

Per 42 United States Code sections 12203 (a) and (b): “It shall be unlawful to coerce, intimidate, threaten, or interfere with any individual in the exercise or enjoyment of, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by this chapter.”

Brown said although the “interrogation” was annoying, what she felt was most important was that the city address accessibility to public bathrooms.

“I have a kidney disease,” she said, “If I go to the city park across from city hall, there is no way in God’s green Earth that I can access that bathroom.”

She also said restrooms located at the Grove Park and the County Museum are also difficult to access in either a wheelchair or for people with walkers.

According to Brown, since city hall restrooms are not accessible to handicapped people, and since the Firehouse restrooms are no longer available to the public, there are few or no options available to disabled people.

A number of local businesses have taken risk management measures to avoid legal action against them related to ADA such as paying for Certified Access Specialist inspections for compliance to applicable construction-related accessibility standards, some of which can cost as much as $2,000.

Harrah Senior Center Executive Director Richard Baker told a local reporter the center has spent approximately $7,000 on ADA related work and has said he has worked with Brown and other disabled patrons to address issues, including installing a front counter that is lower to the ground and compliant with ADA requirements in addition to making modifications to the center’s bathrooms, amid other improvements.

Although the city approved an amendment to its budget relating to ADA requirements over the summer, adding $34,007 for improvements to city hall doors and the city’s parking lot, a proposed task force between the city, chamber of commerce, the business community and the disabled community to identify issues and resolutions never materialized. Interim City Manager Bob Perrault said the city has spent somewhere in the neighborhood of $60,000 to address the problems.

“We still have the restrooms to complete,” he said, adding that the plans have been completed and the building official has been busy putting together a package to be sent out to bid for work on the restrooms. “It will most likely be under construction later this spring.”

Frankovich outlined his vision for the resolution of ADA problems in the city and defended his client’s actions.

“She’s bringing an action that will benefit every person in the city,” Frankovich said, adding that what he and Brown wanted to see was the city putting together a plan and budget within a period of time detailing what barriers are going to be removed.

Brown said she was not deterred by her treatment by city officials during the alleged interrogation.

“Most people would have been intimidated,” she said. “But I don’t intimidate easily, I know all about intimidation and bullying.”